A privately funded digital forensics unit backed by senior legal figures – including corporate lawyer Ezra Davids, who sits on the board of Freedom Under Law – has begun supporting the National Prosecuting Authority (NPA), positioning itself as an independent technical partner to the state.
The unit, known as the Digital Evidence Unit (DEU), is operated by Digital Forensics South Africa (DFSA), described as “an independent, stand‑alone non‑profit entity established to reinforce South Africa’s fight against crime and corruption by providing world‑class digital‑forensics capabilities to the NPA and its Investigating Directorate Against Corruption (Idac).”
The DEU forms part of broader efforts outlined in a confidential government–business partnership briefing presented to President Cyril Ramaphosa to strengthen the prosecution of complex corruption cases.
The same briefing places Davids at the centre of the structure as chairperson, alongside business leader Wendy Luhabe and former national director of public prosecutions Vusi Pikoli on the board.
Davids, chairman and senior partner at Bowmans, serves on the Southern African board of Freedom Under Law, a non-profit organisation focused on constitutional governance and the rule of law, alongside senior legal figures.
The DEU is led operationally by managing executive Danny Myburgh, a former police investigator who established and commanded the South African Police Service’s National Computer Crime Investigation Unit in the early 2000s.
Myburgh has provided forensic expertise in several high-profile cases, including investigations linked to Steinhoff and former chief executive Marcus Jooste, as well as state capture investigations at Eskom and the Billy Masetlha/Jacob Zuma email saga.
Myburgh provided expert evidence in the “DA spy tapes” case, a landmark legal battle in which Freedom Under Law also played a significant role by successfully challenging the withdrawal of criminal charges against Richard Mdluli.
According to the presidential briefing, the DEU was created to provide the NPA with “technical tools and skills” to support complex corruption investigations, particularly those involving financial crime and digital evidence.
Responding on behalf of DFSA, Myburgh said the unit is already operational and assisting Idac, an investigative arm of the NPA.
“The DEU has begun receiving matters and supporting the Idac in line with the national priority to enhance digital-evidence capabilities across the justice system.” Myburgh said the unit operates independently of the NPA.
“It is not part of the NPA, and neither donors nor the state have any influence over its operations, governance, or case selection,” he said.
The DEU works on what Myburgh described as a “demand-led model”, meaning it is deployed only when requested by prosecutors.
“This ensures that the DEU strengthens the Idac and NPA’s constitutional mandate.”
The confidential briefing to the president placed the DEU within broader concerns about capacity constraints and delays in corruption investigations.
It highlighted the need to improve coordination between the NPA and the Directorate for Priority Crime Investigation, commonly known as the Hawks, particularly in complex cases.
The document indicated that weaknesses in investigative capacity and coordination had contributed to delays in progressing cases and identified the strengthening of technical capabilities, including digital forensics, as a key priority.
Within this framework, the DEU was described as operating under a “demand-driven model led by the NPA” and serving as a “firewall between donors and casework”.
Myburgh said the unit’s internal systems are designed to maintain independence in practice. “Its internal processes and caseload remain fully insulated from external parties,” he said.
The DEU’s work focuses on technical support, including analysing electronic devices, extracting data, conducting server-based investigations and assisting in preparing digital evidence for use in court.
“Ultimately, the DEU exists to support the integrity of investigations, prosecutions, and the rule of law, and contribute meaningfully to the investigation and prosecution of complex corruption and organised-crime cases,” Myburgh said.
Questions sent to the NPA on Tuesday were not answered.
